Defense attorney Glennon Threatt Jr. says he made what he calls a "low-ball" offer to the district attorney's office on behalf of Harvey Updyke Jr., but prosecutors refused. Threatt says he expects Updyke to be in court for a hearing scheduled for Wednesday afternoon, but it's unclear exactly what will happen.

"We had made what was an optimistic deal," Threatt said. "As a defense lawyer my first job is to keep my client out of jail if I can. It seemed to me somebody should
reach out and start negotiations."

Threatt said he expects to
waive a preliminary hearing where some evidence could be presented. He
said alternatives to a prison sentence for the 62-year-old Updyke, who
has health problems, include outpatient mental health counseling,
electronic monitoring and supervised probation.

Prosecutors haven't commented. Updyke is free on bond after being charged with first-degree criminal mischief in the poisoning of the trees at Toomer's Corner, where Auburn fans have for decades celebrated sports victories, including heaving toilet paper into the branches of the 130-year-old oaks. If convicted, he could face one to 10 years in prison.

Updyke was arrested Feb. 17 after having become a suspect for bragging about poisoning the trees on the Jan. 27 Paul Finebaum radio show. Auburn officials began investigating whether the trees had been poisoned after the radio show aired and announced their findings Feb. 16.

The trees were poisoned after Auburn's come-from-behind victory in the Iron Bowl with an application of the herbicide Spike 80DF, or tebuthiuron.